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HomeMy WebLinkAboutForkner Elementary PTA Science Program FY14-ñ.c--oL'->ao Ltl o UEuoOøv_vEoOı -àö FUSD: FUSD Department: Program: Contact Person: Contractor: Contractor: Contractor DepartmenVAdd ress: Contractor's Contact Person : Contractor's Taxpayer ldentification SSN: Program Provider: District: School Site/Address: AGREEMENT Between FORKNER ELEMENTARY PTA And the CITY OF FRESNO Forkner Elementary PTA 2013-2014 GENERAL INFORMATION Forkner Elementary Parent Teacher Association Ryan A. Duff City of Fresno PARCS Department 848 M Street 3'd Floor Fresno, CA93721 Manuel l. Hernandez (55e) 621-6621 Number or 94-6000338 Forkner Elementary Parent Teacher Association Fresno Unified School District Forkner Elementary 7120 N. Valentine Fresno, CA 93711 This Agreement is made and entered into this 17th dav ofSCptember 29.1_3, by and between Parent Teacher Association in Fresno Unified School District (hereinafter referred to as "PTA"), and the City of Fresno (hereinafter referred to as "CONTRACTOR"). 1. CONTRACTOR Services. Contractor agrees to provide: The City of Fresno will provide staff members to facilitate the science program curriculum. Curriculum includes (70) sessions of life science, earth science and physical science, located at Fresno unified school district's Forkner Elementary school. The parties anticipate that Contractor will provide these services 70 days at 6 hours per day. 2. CONTRACTOR Qualifications. CONTRACTOR represents that it has in effect all licenses, permissions, and legal qualifications to perform this Agreement, including: a. Finqerprintinq. CONTRACTOR expressly acknowledges and certifies that:i. CONTRACTOR and all of its employees, agents, and consultants (hereinafter collectively "employees") working on a school site do not have a record of conviction for any serious felony and understand that they must submit or have submitted fingerprints in a manner authorized by the Department of Justice, together with the requisite fee as set forth in Education code Section 45125.1, and that proof of such Department of Justice clearance is 3. 4. 5. 6. 7. to be provided to the PTA prior to CONTRACTOR or its employees working at site; ii. CONTRACTOR shall not permit any employee to come in contact with students until the Department of Justice has ascertained that the employee has not been convicted of a serious or violent felony; iii. CONTRACTOR shall certify in writing to the PTA that none of its employees who may come in contact with students have been convicted of a serious or violent felony; and iv. CONTRACTOR shall provide to PTA a list of names of its employees who may come in contact with students. b. TB Clearance. CONTRACTOR expressly acknowledges and certifies that pursuant to Education Code section 49406 all employees that shall come into contact with students has submitted to an examination within the last 60 days to determine that he/she is free of active tuberculosis, or has on file, such determination that is still current and not expired. Term. This Agreement shall begin on Seotember 17. 2013, and shallterminate on June 12. 2014. There shall be no extension of the term of the agreement without a written agreement signed by both parties. Compensation. PTA shall pay CONTRACTOR a maximum of Nine Thousand Eiqht Hundred Seventeen Dollars and 50/100s ($9,817.50) for all services and materials provided under the terms of this Agreement. Such compensation includes the following [(max compensation amount listed in paragraph 4a) + (amount listed in paragraph 4b) + (amount listed in paragraph 4c)l Parent Teacher Association agrees to pay Contractor within thirtv (30) days of receipt of invoice. a. Maximum payment to CONTRACTOR for Leader services shall not exceed Six Thousand Three Hundred Dollars and 00/100s ($6.300.00). b. Payment to the CONTRACTOR of Two Thousand Six Hun Dollars and 00/100s ($2.625.00) for the cost of materials, supplies, and deliverables related to CONTRACTOR'S performance of services under the terms of this Agreement. c. Payment to the CONTRACTOR of 10o/o of the sum of paragraphs 4a and 4b in the amount of Eiqht Hundred Ninet ) related to CONTRACTOR'S performance of services under the terms of this Agreement. Conflict of lnterest. CONTRACTOR does not have, or anticipates having, any interest in real property, investments, business interests in or income from sources which would provide CONTRACTOR, his/her spouse or minor child (ren) with personalfìnancial gain as a result of any recommendation, advice, or any other action taken by CONTRACTOR during the rendition of services under this Agreement. Termination of Aqreement. Either PTA or CONTRACTOR may terminate this Agreement at any time for any reason upon thirty (30) days written notice. ln the event of early termination, CONTRACTOR shall be paid for satisfactory work performed to the date of termination. PTA may then proceed with the work in any manner PTA deems proper. lndemnification. Contractor shall indemnify, hold harmless and defend PTA and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by PTA, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly from the negligent or intentional acts or omissions, or willful misconduct of Contractor or any of its officers, officials, employees, agents or volunteers in the performance of this Agreement. PTA shall indemnify, hold harmless and defend Contractor and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by the Contractor, PTA or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly from the negligent or intentional acts or omissions, or willful misconduct of PTA or any of its otficers, officials, employees, agents or volunteers in the performance of this Agreement. ln the event of concurrent negligence on the part of Contractor or any of its officers, officials, employees, agents or volunteers, and PTA or any of its officers, officials, employees, agents or volunteers, the liability for any and all such claims, demands and actions in law or equity for such losses, fines, penalties, forfeitures, costs and damages shall be apportioned under the State of California's theory of comparative negligence as presently established or as may be modified hereafter. This section shall survive termination or expiration of this Agreement. 8. lnsurance. lt is understood and agreed that Contractor and PTA maintain insurance policies or self-insurance programs to fund their respective liabilities. The parties agree that such respective programs or policy coverage for Workers' Compensation shall contain a waiver of subrogation as to the other party and each of its officers, otficials, agents, employees and volunteers. Evidence of lnsurancê, ê.g., Certificates of lnsurance or other similar documentation, shall not be required of either pady under this Agreement. 9. lndependent CONTRACTOR Status. While engaged in carrying out the terms and conditions of this Agreement, the CONTRACTOR is an independent contractor, and not an officer, employee, agent, partner, or joint venture of PTA. 10. Worker's Compensation lnsurance. CONTRACTOR agrees to provide all necessary Workers' Compensation insurance for CONTRACTOR'S employees, if any, at CONTRACTOR'S own cost and expense. 11. Taxes. CONTRACTOR agrees that CONTRACTOR has no entitlement to any future work from PTA or to any employment or fringe benefits from PTA. Payments to the CONTRACTOR pursuant to this Agreement will be repoded to Federal and State taxing authorities as required. PTA will not withhold any money from compensation payable to CONTRACTOR. ln particular, PTA will not withhold FICA (social security) state or federal unemployment insurance contributions, state or federal income tax or disability insurance. CONTRACTOR is independently responsible for the payment of all applicable taxes. 12. Assionment. The CONTRACTOR shall not assign or transfer by operation of law or othen¡rise any or all of its rights, burdens, duties, or obligations without the prior written consent of PTA. 13. Bindinq Effect. This Agreement shall inure to the benefit of and shall be binding upon the CONTRACTOR and PTA and their respective successors and assigns. 14. Severabilitv. lf any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 15. Amendments. The terms of the agreement shall not be waived, altered, modified, supplemented, or amended in any manner whatsoever except by written agreement signed by both parties. 16. Governinq Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California and venue shall be in the appropriate Superior Court in Fresno, California. 17. Written Notice. Written notice shall be deemed to have been duly served if sent by certified return receipt mailto: ËD: Fresno Unified School District, PTA Attention: Ryan A. Duff, Principal Forkner Elementary 7120 N. Valentine Fresno, CA 93711 CONTRACTOR: City of Fresno PARCS Department Attention: Bruce A. Rudd City Manager 848 M Street 3'd Floor Fresno, CA93721 18. Non-Discrimination. During the performance of this Agreement, CONTRACTOR and its subcontractors (if applicable) shall not unlavrrfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical disability (including HIV and AIDS), medical condition (cancer related), marital status, age (over 40), gender, sexual preference, or any other non-merit factor unrelated to job duties. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. CONTRACTOR and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 ef seq.) and the applicable regulations promulgated hereunder (California Administrative Code, Title 2, Section 7285.0 ef seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. 19. Compliance with Law. CONTRACTOR agrees that it shall comply with all legal requirements for the performance of its duties under this agreement and that failure to do shall constitute material breach. 20. Entire Aqreement. This Agreement is intended by the Parties as the final expression of their agreement with respect to such terms as are included herein and as the complete and exclusive statement of its terms and may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement, nor explained or supplemented by evidence of consistent additional terms. 21. Execution of Other Documents. The parties to this Agreement shall cooperate fully in the execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement. Executed at Fresno, California, on the date and year first written above. CONTRACTOR City of Fresno City Manager ATTEST: Forkner Elementary APPROVED TO AS FORM: Douglas T. Sloan Fresno City Attorney WONNE SPENCE Clerk, City of Fresno REVIEWED BY: Forkner Elementary